PD is current, but now i am married with a kid

[ringo_vs_1976 0]

Hi,

When my mom sponser me i was unmarred, but now i am married(common law) with a kid.

I currently live in Canadia which common law marriage is recognize. Do i have to get married to have my wife migrated with us to the USA?

Edited September 9, 2013 by ringo_vs_1976

[Carla V 43]

Is your mom a US citizen or a Legal Permanent Resident? What category of visa you are current for?

[KiwiPouPou 3]

AS long as I remember, if married and have kids, they are automatically eligible to receive permanent residency. I think this occurs when you fill out form DS-230 (which is obsolete now. NVC uses online DS-260 since Sept 1st 2013). Best bet would be calling NVC. I got my GC through my mom. My aunt petitioned for her before I was born. By the time USCIS processed her I-130, I was 17. My dad and I became eligible automatically. AS long as the kid is under 21 he/she is fine. If it is close to being 21, you have to notify them.

I dont think US recognizes the common law. NVC asks for marriage license. Again check with NVC

[ringo_vs_1976 0]

Is your mom a US citizen or a Legal Permanent Resident? What category of visa you are current for?

She is a US citizen and its F1.

[belinda63 3,047]

If you marry you will not eligible to immigrate right now. Category F1 is for unmarried children of US citizens. If you marry, the US does not recognize Canadian common law marriage, you will move to the F3 category and have to wait a couple of more years to immigrate. Your choice as to which you want to do.

If you come as an F1 you can petition your wife, when you marry, along with the child as a derivative and currently there is no wait but that could change. A few months ago it was about a two year wait. Or you could marry and wait with your spouse and child in Canada for a few more years.